Being arrested for drunk driving in Texas comes with wide-ranging negative consequences, but one that you simply cannot afford to ignore is losing your driver’s license. If you are not able to drive, it is inconvenient to be sure, but there is far more to it than that. You cannot continue earning a living and developing your career if you can no longer drive to work. Further, you cannot continue seeking higher education if you are unable to get to your classes. If you are facing a license suspension in relation to a DWI charge, it is possible to challenge the suspension, but acting quickly is essential.
Scheduling an Administrative License Revocation Hearing
If you have been arrested in relation to a DWI charge, you have 15 days from the date of your arrest to schedule an administrative license revocation hearing in front of the Texas Department of Public Safety. If you fail to do so within the 15 days allotted, you will lose your right to challenge the suspension of your driver's license, which can leave you in the lurch. As the name implies, this administration license revocation hearing is administrative in nature, which means it is unrelated to the criminal case that you face in the court system.
When you go before the administrative law judge (ALJ), the matter of your innocence or guilt is not at issue. Instead, the administrative hearing officer is charged with determining if the officer who pulled you over was reasonable in doing so in the first place and if he or she had probable cause to arrest you for DWI. Factors that can play a significant role in this process include:
Whether or not you refused a breathalyzer test
Whether or not you blew 0.08 percent blood alcohol concentration (the legal breaking point for DWI)
Whether or not you refused or failed the field sobriety tests at the scene of your arrest
If the administrative law judge in your case determines that the police have not proven their case against you, your license will not be suspended. The ALJ’s decision may also be appealed.
Failure to Schedule an Administrative License Revocation Hearing
If you fail to request your administrative license revocation hearing within the allotted 15 days, you will automatically lose your license for a predetermined number of days – beginning on the 40th day after your arrest. In other words, it is complicated, but an experienced Gatesville criminal attorney can help.
Do Not Wait to Consult with an Experienced Gatesville Criminal Attorney Today
If you are facing a DWI charge, things can move quickly, but Brett Pritchard at The Law Office of Brett H. Pritchard in Gatesville, Texas, is a formidable criminal attorney who understands the nature of your concerns and who is committed to skillfully advocating for your case’s most beneficial resolution. To learn more, please contact or call us at 254-501-4040 today.